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2007 Supreme(Pat) 1365

MIHIR KUMAR JHA, NARAYAN ROY
Ajay Kumar – Appellant
Versus
Union Of India – Respondent


Judgment

1. Heard Mr. D.K. Sinha, learned counsel for the petitioner and Mr. Binod Kumar Labh, learned counsel for the contesting respondents.

2. This writ application is directed against the order dated 5.12.2005 passed by Patna Bench of the Central Administrative Tribunal (hereinafter to be referred to as the Tribunal) in O.A. No. 190 of 2003 whereby and whereunder the application filed by the writ petitioner against the order of dismissal was dismissed.

3. It appears from the materials on record that the petitioner while working as SBSO Ledger Assistant SBSO-I Group at Patna G.P.O. during the period from 11.12.1993 to 22.7.1998. committed fraud with the post office and misappropriated a sum of Rupees eight lakhs and odd by opening an account in his name and in the name of his wife. On the basis of accusations, charges were framed against him which he answered. In course of enquiry, accusations were found prima facie proved and accordingly an enquiry report was submitted on the basis of which, the disciplinary authority passed the order of dismissal against the writ petitioner from services as it was a case of gross misconduct. The appeal filed by the petitioner was also dismissed








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